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E.>(12A41 ,—t 0 Federal Reserve Bank of St. Louis  L—AMc&L4-t-k)S Federal Reserve Bank of St. Louis  MEMORAUUM 7c:  is  17,1n Kleeck  i_ss True In Re:  Correapondence attacd. am sanding you colAas of the correondence in  regard to exeilztiopts from state laws governing women's hours, ?Aver' me by 44.. Allan, Chief Inspactor, Tennessee, and also of or 17Ay to him, for ybur inforaition. Federal Reserve Bank of St. Louis  pctober 3, 1918  ,jr. Louis L. Alien, Departli,ent Cnief, Department of , orkshor and Factory Inspection, Nasville, Tenn. My dear .y.r. Allen: In ra:4rd to the reqest for eJcamptions from the state law limiting women's hours to fifty-seven a week, made by the Anderson Tulley Company, and the Shelby Biscuit Cogpany, of Jexophis, Tennessee, about which you have conulted us, we would advise yob as follows: In the first _place, we have consulted the Aoman in Industry Service of tne DepartiLent of Labor, as tO t-eir It is a.ainat teir general policy to policy in such cases. recommend any langtheuing of hours wo work for yon, beyond tne sandard number of hours -r:revailinp: in the locality. As you know, it was t...e recommendation of tne conference of sate officials, eAid this is su...ported b.y the of,inion of tne production departilents of the government, that exemptions to state laws should be made by state officials only ion the request of the heads of tIr2 prolltion deicartmei,ts concernel. are advised by tle ,ar Depart exit tLat, in case of energency, such a request should br- made by thte ate,nufact?rer directly to tne Secretary of War. We tr-J. tt t:il ,:overs pc,ints raisel by you in r gard to t-•ese companies. ":e are retufnin the correspondence which you left with us. r'ordally yours, FRA1MF '3TwR Chairman RST:GBH  ler R. T.  z  SYNOPSIS OF COP17SPONDENCE IN RE: ANDERSON-TULLFY CO., MTMPHI2, S7-TIBY BrS(71IT CO., .71:PHI -.  .(3erteiliber 19. L. Allen, Letter from AaA.rson-Tully Co. to ir. Louis state of tion C:def Factory Lisgector of Tennessee; ass ax-arl.p 60 run to laws limitinp; 'NC1Lflt rours to 57 a weex, in rder boxes making wan; are hours a week; are using both dien ment. govern for the use of tae SptelLber 21. EdmArd C. Letter to chief factory inspector from Hr.. Service; Alien, industrial eminer of the U. S. EmiAoyment bs aring wanuf for Co., asks exeilTtion for A-derson-Tulley of place in hours 60 to pack bread for silipment; to use woken 57 hours. "comL.and-erei. Asks same exImption for Sa,Aby Biscuit Co., states that army"; by tae War Department to bake hard bri-ld for our cira.j is snort thirty-six million Dounls. Asks that ex-e*.ptions he aiade "u_til time as the war." me,et and rescind this law for tl-,e period of the lezislature 23. t L-Ittersfrom chi?f factory iasr-Ictor to U. S. 7' loven 'ervIce exaLL i- er -And to Anderson-Tullay Co.; stats (1) that he is sithout po er to sus:end or 1w. rct is 1-1sin-Lted by the Nar ( ) to-tt Departti.ents to eaf,r::e lai,s as feteral as , -;sttive. state r,-1-1 (3) that he hALs power to suspend inforcement in consiieration at tnis parti.:111-r ori:r NI and is so doing. consult .f'Irtn.:r with federal (-1) during t.-.e conference in Was -iniLton, ities latnor taL:ier 23 Letter from chief factory inspector to ie::aty inspector, Dirocts him to holl u2 furt'.er action in regard to Mimphis. .;omen :And child labor "in t_esa and other industries where governm .ht xork is being don", pending his return from Washini,ton C onference. Federal Reserve Bank of St. Louis Federal Reserve Bank of St. Louis  copy  U. S. Department of Labor CHILDRENTS BUPFAU Rashington  July 16th, 1918. remorandum for State Officers:  On July 12, the War Labor Policies Board agreed that the following clause should be made a condition of all war contracts: "LAWS AND RESTRICTIONS RELATIVE TO LABOR:  All work  required in carrying out this contract shall be performed in full compliance with the laws of the State/  Territory or  District of Columbia where such labor is performed.  The  contractor shall not directly or indirectly employ in the performance of this contract any minor under the age of fourteen years, or permit any minor between the ages of 14 and 16 years to work more than eight hours in any one day or more than six days in any one week, or before 6 a.m. or after 7 p.m. This provision shall be of the essence of the contract." The Departments and Boards represented on the "ar Labor Policies Board are the Departments of "ar,  Nolp,  Agriculture,  and Labor, the Shipping Board, the 'war Industries Boe rd, the Food and Fuel Administration; the Interstate Commerce ComEissjon, and the Council of National Defense. Grace Abbott. 505  Director, Child Labor Division Federal Reserve Bank of St. Louis  COPY  Nashville, Tenn. Sept. 23, 1918. Anderson-Tully Co., (Attention !fir. S.B.Anderson,Prest.) Memphis, Tenn. Dear Sir I have your letter of Sept. 19, and have given it and the suggestions it contains the closest attention and investigation. On the same date I received a letter from Mr. Edw. C. Allen, Industrial Examiner, referring to the same matter, and treating it from his point of view. You will readily understand that I fully appreciate and accept as final the statements of your letter -- to-wit: (1) That you are manufacturing war materials and are anxious to run your factory full time; (2) That you cannot let the women employees off three hours without shutting down the plant. And I know this creates a condition that will require cooperation among all of us for proper adjustment. I ale enclosing a copy of my answer to :4:r. Allen's letter. anci also of the letter I am writing to Deputy Inspector Hoepfner teay. You will note just what irr attitude toward your prorosition is bound to be--viz; (1) I um under peremptory instructions by law to see that women in the state are not employed longer than 57 hours a week; (1 I am designated by both the War Department and the Labor Department (see exhibits herewith) to represent the Federal Government in seeing that all work done under government contract "be performed in full compliance with all state laws in regard to labor"; (3) I have no authority or right, under any circumstances, to suspend or abrogate any law, and would be subject to suspension or removal from office if I did so; (4) I am instructing Deputy Inspector Hoepfner to allow the work in all government contract plants to continue as at present until, he hears from me after my trip to Washington; (5) That T am going to Washington m Oct. 1 for the express purpose of entering into consultation with proper authorities with reference to these matters. I trust this will be satisfactory and assure you i will write you further immediately an my return, about Oct. 4. I remain very sincerely yours,  Department Chief. Federal Reserve Bank of St. Louis  Sept. 23, 1918.  Hon. Theodore Hoepfner, District Inspector, Memphis, Tenn. Dear Sir: have received letters from Industrial Examiner Allen, of Memphis, also one from Anderson-Tully Co., with regard to their being allowed to work females longer than 57 hours a week an Government contracts.  I am called to Washington to a confer-  ence for the purpose of considering these „alestions on Oct. 1. For this r3ason I am requesting you to hold 1*. any further action in regard to woman or child labor in these and other industries where government work is being done until I return. I am sure you will see the reason for this.  I am enclos-  ing copies of letters t have written these parties. Very sincerely yours,  Department Chief.  Nashville, Sept. 23, 1918. Mr. Edward C. Allen, Industrial Examiner, U. S. Employment Service, Department of Labor, Memphis, Tennessee. Dear Sir: I am in receipt of your letter of Sept. 21, in regard to the labor situation in Memphis, and with especial reference to plants doing government work--The Shelby Biscuit Co. and The Anderson-Tully Co. The difficulty in these cases, as explained by you, seem to be (1) The Shelby Biscuit Co. find trouile in meeting their contract with the government unles3 they are permitted to work women longer than 57 hours a week because they are not in position to work double shifts, and their equipment is too small to do the work with one shift, and (2) The AndersonTully Co. are in similar condition because their conditions are such that when their female employees are let off for the day they must close down the plant. Tour request of ma is that, if possible, I protect these plants under the law until such time as the law may be altered or rescinded for the period of the war. You also say you asked District Inepector Hoepfner to suspend the order he has out until I could take the matter up with the Governor and see if it is possible for him to suspend this order (law) by proclamation during the war, "or until such time as the legislature may meet and rescind this law for the period of the war." I am sure if you will examine the law creating the Department of Factory Inspection, and the Female Labor law, you will see that I am given certain duties to perform with regard to enforeement of the labor laws that does not permit ma to grant immunity from observance of these laws to any one; and if I should take this liberty I would be placing myself in violation of the law. I do have the right, however, on appeal from the orders of a Deputy to request him to hold up the enforcement of his order until I have looked into the matter. I am today making this request of Inspector Hoepfner in regard to the industries in question. I think it is only right that I should state to you. however, that I am doing this in order to ascertain the results of a conference I am to have with the Federal authorities in Washington on this subject on Oct. 1. From my correspondence with them I have no reason to believe they will advise any other course than the enforcement of State laws in all such cases. I am enclosing you some copies of this correspondence for your consideration. Thanking you for your interest in the matter, and assuring you I shall be glad to see you at the earliest opportunity, I am very sincerely yours, Federal Reserve Bank of St. Louis  Department Chief.  n6VARTMF1T OF LABOR U.S. Employment Service  Memphis, Tennessee. September 21, 1918. Mr. Louis L. Allen, Chief Inspector, State Department of Workshop and Factory Inspection, #32 Seventh Avenue, North, Nashville, Tennessee. (Through Official Channels) Dear Sir:  time.  The labor situation - as you know - is very acute at this There is a peculiar situation in Memphis.  A number of our factories are working °allusively on war orders and are employing a considerable number of women. The special situation I want to present to you a t this time is this: The Shelby Biscuit Company of this city has been commandeered War Department to bake hard bread for our army, the army being by the short at this time thirty-six million (36,000,000) pounds. It is not practicable to work women on night shifts where they have to return home or go to work during the night, an they have not the capacity to fill their requirements with the present size of the plant, and you know it is *possible to secure new machinery at this time. The law is very specific with reference to working women over fifty-seven hours per week. But working the women sixty hours will, in a measure, help them out under present conditions and possibly not require the double shifts. The Anderson-Tully Company, we think, are furnishing the boxes with which to pack this bread for shipment. They have been compelled to use wan in the plas of men on the light work, and are complying with the law (only using the women fifty-seven hours). This is compelling them to 10190 the men only hours, as they take the material away from the mach the as it comes through, and unless the women can work the full ten hours they must only work the men fifty-seven hours, as above stated. Conditions being so serious with these two companies and others on strictly war work, I called up your assistant, Mr. working are which Hoepfner, today andaiked him if he coult not possibly suspend this order until you could take the matter up with the Governor and see if it is possible for him to suspend this order by proclamation during the period of the war, or until such time as the Legislature may meet and rescind this law for the period of the wat. Federal Reserve Bank of St. Louis  A  #2  We will very much appreciate your co-operation in this matter, and assure you that we, as government employees, are desirous of assisting you in enforcing any state law, but these are conditions which require extraordinary efforts on our part that the needs of our army may be supplied. We will appreciate a letter from you at your earliest convenienoe, giving us your opinion on this matter and assuring us, if pos ibis, that these plants will be protected by you under the law until such time as tbe law may be altered or rescinded for the period of the war. Do not hesitate to call on DA for anything we can do to assist you in your work; and I am sure we will have your hearty cooperation in anything you can do for us. The writer is sorry he could not see you again while in Naihville, but hopes to see you soon. Will be pleased to have you call should you come to Memphis. With best personal regards, I am, Yours very truly  Edw. C. Allen  INDUSTRIAL EXAMINER. ECA/MPC Federal Reserve Bank of St. Louis  A Federal Reserve Bank of St. Louis  COPY_  ANDERSON-TULLY COMPANY MEPHIS, TENN. September 19, 1918  Mr. Louis L. Allen, 405 Eleventh Avenue, N. Nashville, Tenn. Dear Sir: We wish to call your attention to the conditions of our factory operations in Memphis. We are obliged to employ quite a number of women in order to keep our factory in operation. We are manufacturing war necessities and are very anxious th'...t our factory should run full time. We have our arrangements made so that this can be done, and are having go success in our operations and are turning out maximum quantity of goods. Your Deputy Inspector has called on us and insists that we mumt run our factory only 57 hours a week, if we employ women. In other words, we must employ women only 57 hours a week. We cannot let the women off the 3 hours, as the women are operating in different parts of the plant, mixed in with the men operators, so that it is impossible to run the plant without more or less of the woman working. We think it is highly essential that our factory should run full time, in fact, should run more than 60 hours a week, but we have been unable to arrange for more than 60 hours. We think it is wrong on the part of the State authorities to interfere in any way with operating the plant full time. We wish you would take this matter up with your Deputy here and areange, if possible, so that we will not be interfered with in out operations. It makes comparatively little difference with us whether we run the 60 hours or 57 hours a week, but it does make a difference with the output of goods, which are required for essential use by the Government. We trust you will appreciate our position and the situation, and will use your authority with your Deputy in order that we may operate the full 60 hours. Yours truly, (Signed)  S. B. Anderson President.  SBA:RME  November 22, 1918. MWORAITTIUM FOR:  Major Samuel J. Rosensohn and Major  FROM:  Mize Irv..n  TulAu  wc,-TianL Intu,3try Service.  SUBJITT: Statas in whIch exemptinns fror. 1bor law have blen granted by the War Derartment according to the records of the Woman in Industry Service. rodtificc,tinn of The following Hat :01.ow9 the plants in covf.!rs laws hat been a;proved by the War Dopartolont. Tndustry ronan th4 of office the 1 )en . hav , whie the cqsel all labor ,itat the fy t ,7(.11. to ..)n , ta% which Service in to 113. ryr!lr 7n:m refc::. be otsr Thsre , -TA_:, CATJ,72"  "Fil ;on 0.krsejevs.tcr;•,.  To  frocl th nine i  71r Do.:artrItInt twtJd ,.7.1t1:tt..L.fcr r..L.Aceendation rL3iofl o alaploy women TnilIntr7 917-rIc! :„.nd Ar:-Ited For= 7alfare t:....:173 A 1.2.y. :Or C19761 • — dotless  only the'  t tus ciao" tat permission t Wa 21unt, NemourA de "Dt\poat thl of was t?zraphed to the Brandywine office xa,i> and our records do itot allow whathar the Goli4any ..14 cane. at nit. The rocord:1 c)* the War Del.wstlent ario MAVITIEJ,7Tr.: at niFht.  Sterlinglio+or C  cciiar, Permission to iLaiac'r-  N. E. WINTIN4housigSgRApr, Permission to employ ir-ii..ectors over tirie. 6rant, b - t Tar VO ZENX.77A: T:oay_Orliliarize prosecution. nwpond to Board Industrial Del4s,rtm6nt aslred TnTUFSSvr: çjo.wn Corapanz, Mattanooga, Tennessee. TI:is case was not handled by the Woman in Industry Service. Report was made to us after actior was taken by the War Department. Attention is cLIled to the fact tlat the letter from the Secretary of W.r.: to the chief inspector certified to the existence of an amergency "warranting suspension of the weekly day of raat law" and requesting the Department of Factory Inspection "pursuant to Section 8-A, subdiviaion 5 of the labor law, to permit the Federal Reserve Bank of St. Louis  -2-  Crown Laundry Company, Chnttan000, Tnressee, to fary from the requirements of this law ir revect to the work dons for the eovarnment." The labor law referred to is evidently that Df New York State. So far as wo c»11 discover Tennessee has nc ore dsy rest in s,.iven law, and moreover, in this instnoe the laundry probably did not wis to employ Its peoi)la silvan (Iwo. What they arpear to have asked for is permission to work overtime. Do-obtless in notifying the chief factory inspector of the recent order of the Waz Department it will be advisable to call attentio to this error. We know of no other catts cf modification of labor laws whIch would lava be outstandimg. Probably these cases have also found the modification no lorgsr necessary.  'TVK:P  Mary Ur, K13eck, Director, Sevvico. Woman i,  Dictat-i by Miss V:n Kleack but si,Lned in her ablen,:e. Federal Reserve Bank of St. Louis  Nmimber 1, 1918.  From:  Mary Van Kleeck, Director, Woman in Industry Service.  To:  Major 1, L Tula.. War Derartment.  Subject:  Information from state officials regar ling '1 Into aprlying for K3AeiptLons from state labor laws.  It letilr,,b.le that a more definite procedure should be adopted with reference to State Departments of Labor, especially in Massachusetts, to insure effective co-operation with the federal authorities. At nresent in Massachusetts the Woinen's Branch of t.t.le Orlionce Department is co-onor-ting ith the Coanissioner but in no inst.Ance hioh has come to our mtice receivei sny infor.tion fro.. the War .1!4:4t)rgency Industrial Co=is2ion or the State Boari of L,Abor, regarding the working conditions in a plant and in no instance has a joint investigation been made by federal and state officials. The following procellAre is suggested aril if satisfactory to the War Depart.Lient, including the Worten's Br74nch of the Ordnance Department, The Women in Industry Service will be gleti to make the arrange,ients with the War Emergency Inlurstrial Commission; It is recommended that in every case coming before the Cornission or referred to the Commission by the War rt.,7.-rt:iont, the Commission be isk, to arrange with the Women's Branch of the Ordnance De-partment, either to make a joint invslstigation or to send to the Woman in Industry Service, a report of informtlen a1re8tdy availftble in the files of the. Commission, together with the reoowalenAAtion ss to the wisdom of granting the request. This will enable the Woman in Industry Service to take action based both on information received fro z the state authorities an!. the data secure4 from the Ordnance Departa-ient. In the else of a joint inve:stigation, the re-nort sent in from the Ordnance D•r,Art motit won:I ct i mantle the state,.ent from the Commission's reoresentat Ives. not This matter has been formally discussed with the Commission bpt a definite proceinre at once would seam desirable, to be determined at the s:Ame time that this Service is taking up with the Cownission requests for eseartions in plantiqaving direct or indirect contracts with the /kr De- Federal Reserve Bank of St. Louis Federal Reserve Bank of St. Louis  -2-  erials and therefore asid.hg for partment or the Navy tutAiurrlying wax the nrivileges grantel by the 'kir Inlustrial Emergency COMASSiOrl. The suggestion has been maae that arrAngements be worked out with the War Intastries BoIkri for dealing with such emergencies but the sugivstion of the lir1r Der:rt-nent 1111 be apnreciated on this point, inasxuch ae many of tbe su-nlies in such irstalces are purchase4 by pl tnts Norking for the War Depart.;ent.  MTVALL  Nkry Van Kloeck, Director 7i0...v-An in Li 1.tia Lry serv k:at